Zero tolerance for THC and metabolites (applies only to drivers under age 21)

THC per se (1 nanogram)

THC per se (2 nanograms)

THC per se (3 nanograms)

THC per se (5 nanograms)

Reasonable inference THC law (5 nanograms)

No marijuana-specific drugged driving law

* For states without a marijuana-specific per se drugged driving law, an impairment-based statute exists that requires law enforcement to prove impairment of the driver. Successful prosecution depends on documented behavioral evidence and recent drug use.

** West Virginia’s per se law applies to state-registered medical cannabis users.

To submit a law update, please contact out Director of Traffic Safety at erin.holmes@responsibility.org

**Drunkenness is not considered a crime in some states; therefore, the figures may vary widely from state to state

*Limited, incomplete, or no data were reported by the District of Columbia, Florida, Illinois, and New York in the 2015 Uniform Crime Report. Data should be used with caution and should not be compared to other states or previous year data.

Note: Because the number of agencies submitting arrest data varies from year to year, users are cautioned about making direct comparisons between 2015 arrest totals and those published in previous years’ editions of Crime in the United States. Further, arrest figures may vary widely from state to state because some Part II crimes of the Uniform Crime Report are not considered crimes in some states.